Division of Hotels and Restaurants

Division of Hotels and Restaurants Annual Report Fiscal Year 2013-2014 Florida Department of Business and Professional Regulation Rick Scott Governor Ken Lawson Secretary 1940 N Monroe Street Tallahassee, Florida 32399 www.myfloridalicense.com

Office of the Secretary Ken Lawson, Secretary 1940 North Monroe Street Tallahassee, Florida 32399-1000 Phone: 850.413.0755 Fax: 850.921.4094 Ken Lawson, Secretary Rick Scott, Governor Dear Friends: Fiscal Year 2013/2014 was an exciting time at the Department of Business and Professional Regulation. As Secretary, I have had the privilege of leading a dedicated team through making many improvements for our licensees and Florida s consumers. As the head of this agency, it is my responsibility to help make Florida the best place for businesses to operate. I believe the way to make this happen is to use smart regulation, strong but fair enforcement and good lines of communication with our customers. Smart regulation is regulation that helps businesses grow and protects Floridians, not regulation that makes life more cumbersome for businesses and professionals. Enforcing our rules and regulations is necessary, but this enforcement must be fair above all else and our licensees deserve a voice throughout the regulation and enforcement process. We value communication with our customers and rely on each of you to let us know what s working, what isn t working and what we can do better. We are committed to streamlining processes and eliminating cumbersome and unnecessary regulation. Every improvement we make helps get Florida back to work. Feedback from our customers and partners will ensure we stay on track to make that happen. As always, thank you for working with us, and I look forward to the next Fiscal Year! Sincerely, Ken Lawson LICENSE EFFICIENTLY. REGULATE FAIRLY. WWW.MYFLORIDALICENSE.COM

Division of Hotels and Restaurants Annual Report: FY 2013-2014 Table of Contents Introduction Division Organization Division of Hotels and Restaurants receives the Elliot O. Grosvenor Food Safety Award Florida Restaurant Foodborne Illness Trends Risk-Based Inspection Frequency Specifics Regulatory Districts and Offices Plan Review Statistics Public Lodging and Food Service Licensing Statistics Public Lodging and Food Service Inspection Statistics Public Food Service Violation Totals Public Lodging Violation Totals Consumer Complaint Statistics Compliance Statistics 2 3 5 6 7 9 10 11 14 17 21 24 25 Bureau of Elevator Safety Statistics 26 Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 1

Division of Hotels and Restaurants Annual Report: FY 2013-2014 The Division of Hotels and Restaurants (H&R) is responsible for licensing, inspecting and regulating public lodging and food service establishments in Florida. 1 The mission of the division is to protect the health and safety of the public by providing the industry with quality inspections and fair regulation. The division is also responsible for licensing and regulating elevators, escalators and other vertical conveyance devices. 2 The division is organized into four main units: the Director s Office the Bureau of Sanitation and Safety Inspections the Bureau of Field Services the Bureau of Elevator Safety During the past Fiscal Year, the division was authorized 307 positions to provide program services and an operating budget of $21,268,374. During this period, the division: operated its fifth full year of centralized public food service plan review in Tallahassee providing cost reductions and faster turnaround for its customers; conducted a total of 138,694 public food service and lodging establishment inspections to ensure sanitation and safety standards (see tables on pages 14-16); performed more than 98 percent of the statutorily required inspections for public food service and lodging establishments (see table on page 16), compared to 74 percent in 2005; cited a total of 501,831 violations of sanitary standards in public food service and lodging establishments (see tables on pages 17-22); and developed required rule changes and completed risk-based categorization for public food service establishments in preparation for implementation of risk-based inspection frequency. Additionally, the division s restaurant inspection program is the largest in the country to achieve five national standards of program excellence. for the fifth year in a row, Florida s elevator safety program achieved the highest rate of compliance in its history, this year achieving 98.80 percent. the number of restaurant licenses has increased almost 15 percent since 2005, lodging licenses about 5 percent, and elevator licenses almost 18 percent. 1 Pursuant to Chapter 509, Florida Statutes. 2 Pursuant to Chapter 399, Florida Statutes. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 2

OFFICE OF THE DIRECTOR Diann S. Worzalla, Director The Office of the Director oversees the activities of the division. The director supervises the administration of the Hospitality Education Program; oversees the preparation of the division s annual legislative budget request; ensures that appropriated funds are properly disbursed; and is responsible for implementing legislative changes to Chapters 399 and 509, Florida Statutes, as well as promulgating rules and regulations pertaining to the division s programs. The director works closely with the department s legal staff regarding matters of enforcement and compliance, as well as emergency closures for establishments posing an immediate health or safety threat to the public. BUREAU OF SANITATION AND SAFETY INSPECTIONS Steven von Bodungen, Bureau Chief During Fiscal Year 2013-2014, the Bureau of Sanitation and Safety Inspections accomplished 135,694 inspections of the 87,120 licensed food service and lodging establishments in Florida to ensure the health and safety of our residents and visitors. The bureau has seven district offices that are located in Miami, Margate, Fort Myers, Orlando, Tampa, Jacksonville and Panama City Beach. Each of the seven district offices is responsible for coordinating daily activities and scheduling inspections. Administrative enforcement cases are initiated by district offices to ensure compliance with the law. The division is authorized to assess fines up to $1,000 per violation and to suspend or revoke an operator s license. In addition to routine safety and sanitation inspections, the bureau performs: opening inspections for new establishments and changes of ownership; call-back inspections on establishments cited for high priority violations with a specified time period to verify correction of deficiencies; complaint investigations; and foodborne illness investigations in coordination with the Florida Department of Health. Office of Program Quality (OPQ) ensures that all inspectors are properly trained by our staff of qualified trainers. This office conducts new employee orientation programs that provide step-by-step levels of instruction and participation geared toward producing well-rounded, consistent and knowledgeable inspectors. OPQ coordinates and provides technical training for division inspection staff as required by Section 509.036, Florida Statutes. This includes ensuring all new inspectors are field tested by US Food and Drug Administration (FDA)-certified inspection/training officers on risk-based and Hazard Analysis and Critical Control Point inspections. Each inspector receives a minimum of 20 continuing education hours per year in food safety and sanitation. In Fiscal Year 2013-2014, OPQ facilitated 12,413 continuing education hours statewide. OPQ staff is responsible for monitoring federal and state food code changes that affect the division and for making recommendations to management regarding rules and policies influenced by those changes. The technical coordinators also assist in the application of laws and rules, help resolve implementation issues for field staff and industry, and provide leadership in public workshops or hearings to resolve outstanding sanitation and safety issues. The coordinators address technical questions from the public regarding laws, rules and procedures, and field complaints prior to investigation by the district offices. This year, the OPQ technical coordinators provided strategic planning and analysis for the July 1, 2014, risk-based inspection frequency implementation. Office of Plan Review (OPR) oversees plan review for new or altered food service establishments, acting on variance requests and ensuring statewide consistency. The centralized OPR completes all reviews statewide in Tallahassee Headquarters. OPR reviewed 5,596 plans for a total of $839,400 collected in revenue. OPR has implemented various process improvements, cost reduction and avoidance strategies, including electronic plan review submission, thereby reducing postage and printing costs. Centralization also resolved numerous workload inequities and substantially improved customer service. Eligible restaurant license applicants are able to electronically submit their plans for immediate feedback and approval. Plan review centralization has resulted in a more efficient use of resources, greater consistency and responsiveness, and a time cost savings to applicants. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 3

BUREAU OF FIELD SERVICES James Cohee, Bureau Chief The Bureau of Field Services supports the rest of the division to ensure achievement of the core mission. This bureau includes the division s Licensure and Compliance sections. In addition, the bureau is responsible for analyzing business processes and recommending ongoing improvement initiatives. This includes responsibility for designing, producing and maintaining most of the division s customized forms and other publications, including brochures, newsletters, statutes, rules and codes for use by the division s staff, licensees and the public. Additionally, staff develops the division s web content ensuring timely sharing of information. Some staff members serve as technical coordinators for the division, providing assistance and information to the department s information technology division regarding the division s computer resources. The division s data stewards and knowledge champions reside in this unit and are responsible for creating and disseminating customized reports for the division s staff and the public. The Bureau of Field Services Knowledge Champions are responsible for the development of and providing front line support for the division s mobile inspection application program. During the 2013-2014 Fiscal Year, the division received two Davis Productivity awards for innovations developed by the division s Knowledge Champion that resulted in significant savings to the state of Florida and increased inspector work efficiency. Licensure Section The Licensure Section processes licenses for public lodging and food service establishments and issues elevator certificates of operation. Staff enters new licenses and changes of ownership, reconciles license fees, resolves licensing problems and provides license information to the public and the division s field staff. They coordinate the division s annual license renewals for 87,812 public food and lodging establishments and 50,398 active elevators, escalators and other vertical conveyances. Staff members also work closely with the department s information technology unit to ensure the single licensing system supports the division s functions according to current business practices and legal requirements. Compliance Section The Compliance Section manages the administrative enforcement activity of the division. This office also coordinates indexing of enforcement cases and works with department legal staff to process emergency orders and formal hearings with the Division of Administrative Hearings within the Department of Management Services. The office has continued to emphasize compliance in keeping with the division s mission. This includes an informal, less adversarial, settlement process that concludes cases in a shorter time and reduces the need for litigation. Due to economic realities, the Compliance Section reduced fine penalties across-the-board by 20 percent in Fiscal Year 2010-2011 and decreased enforcement for minor offenders. BUREAU OF ELEVATOR SAFETY Mark Boutin, Bureau Chief The Bureau of Elevator Safety enforces Florida s elevator laws to ensure the safety of persons using vertical transportation (elevators, escalators, dumbwaiters, moving walks, inclined stairway chair lifts and inclined or vertical wheelchair lifts). The program enforces the national standards of the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators (A17.1, A17.2, A17.3 and A18.1) and the state standard Florida Elevator Safety Code, Chapter 399, Florida Statutes. Other accompanying standards include the National Electrical Code; State Fire Marshal s Uniform Fire Safety Standards; NFPA Life Safety Code, Americans with Disability Act and Florida Accessibility Code; Chapter 61C-5, Florida Administrative Code; and Chapter 30, Florida Building Code-Buildings. The bureau issues Certificates of Operation for elevators and other vertical conveyances; issues construction and alteration permits; verifies service maintenance contract agreements; licenses registered elevator companies; and issues professional credentials for Certified Elevator Technicians, Certified Elevator Inspectors, and Certificates of Competency. It also registers providers to deliver approved continuing education course content. The bureau is responsible for recording annual safety inspections of elevators, and coordinates annual renewals of Certificates of Operation and licensed credentials for professions with the division s Licensure Section. The bureau also manages local program contracts, authorized by statute, with the cities of Miami and Miami Beach, Miami-Dade Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 4

County, Broward County and Reedy Creek Improvement District to ensure that the programs adhere to state standards. The bureau s statutory responsibility changed to a regulatory function in recent years. To assure rider safety, bureau inspectors monitor the quality of private elevator inspections and local contracted programs. In addition to performing inspections, the bureau s ten certified elevator inspectors respond to complaints, educate owners about their responsibility to have annual safety inspections and work to eliminate code violations in their respective regions. During Fiscal Year 2013-2014, these inspectors conducted 6,049 monitoring inspections. For the fifth year in a row, Florida s elevator safety program achieved the highest rate of compliance in its history, this year achieving 98.80 percent. This compliance record was achieved through the efforts of field and office staff by a combination of site visits, written notices and, in rare instances, administrative fines. Securing compliance of over 98 percent of all vertical and horizontal transportation devices in Florida benefits and positively impacts not only citizens but also visitors of Florida. The use of unsafe and defective lifting devices imposes a substantial probability of serious injury and exposes elevator personnel as well as the public to unsafe and hazardous conditions. Ensuring the safety of life and limb, and protecting the health and welfare of the riding public and elevator personnel is the core mission of the Bureau of Elevator Safety. The bureau s oversight role for over 52,000 conveyances and five contracted jurisdictions continues to increase due to ongoing growth in new elevator construction and registration of new elevator workers and companies within the state. Division of Hotels and Restaurants receives the Elliot O. Grosvenor Food Safety Award The Florida Department of Business and Professional Regulation s (DBPR) Division of Hotels and Restaurants was recently awarded the Elliot O. Grosvenor Food Safety Award at the 118 th Association of Food and Drug Officials (AFDO) Annual Educational Conference. Diann S. Worzalla, Director of the Division of Hotels and Restaurants, accepted the award on behalf of the division. The safety of Floridians and our visitors takes top priority for the employees of the Division of Hotels and Restaurants, said DBPR Secretary Ken Lawson. These state employees go above and beyond their assigned duties to better serve the people of Florida, and I am thrilled to see their dedication to public safety recognized. The Elliot O. Grosvenor Food Safety Award distinguishes this division as a national leader in public safety, and I look forward to the division upholding the highly recognized safety and sanitation standards of Florida. The Elliot O. Grosvenor Food Safety Award recognizes the outstanding achievements made by food safety programs within state departments of agriculture, natural resource agencies, public health departments or environmental conservation departments in the United States or Canada. This award goes to the food safety program that best showcases improvement, innovation or sustained high performance in upholding food safety practices and procedures. The Florida Division of Hotels and Restaurants is responsible for the food safety and sanitation of more than 48,000 public food service establishments throughout the state of Florida. In 1977, the Florida Division of Hotels and Restaurants implemented a statewide foodborne illness investigation and annual reporting program, which revealed a critical need for improved quality control and public safeguards for Florida s citizens as well as the millions of annual visitors who eat in the state s restaurants. As a solution, the division incorporated a series of aggressive science-based policies and effective compliance strategies to protect public health and safety. Since 1997, the number of foodborne illness outbreaks in Florida s public food service establishments has decreased by 84 percent. The successful implementation of the long-term improvement program contributed to the Food and Drug Administration s recognition of the Florida Division of Hotels and Restaurants as a national leader in food safety. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 5

Florida Restaurant Foodborne Illness Trends The Department of Health provides data for suspected and confirmed foodborne illness outbreaks in operations licensed by the Division of Hotels and Restaurants. Of the 35 posted for 2013, 13 were confirmed and 22 were classified as suspected. Foodborne illness in Florida has trended downward significantly during the past 17 years. The statistics in the chart (above) indicate: 89% decrease since adoption of the FDA Food Code and implementation of Food Service Employee Training in 1997 76% decrease since implementation of the mobile inspection tool in 2003 58% decrease since implementation of the risk-based inspection program in 2007 Continued important reductions in foodborne illnesses indicate that the Division of Hotels and Restaurants aggressive attention to science based policies and effective enforcement strategies are achieving positive results and improving public health and safety. Protecting the public and preventing foodborne illness is the driving force behind the division s food safety program. Florida s proactive response to the food safety challenges outlined in the US Department of Health and Human Services Healthy People 2020 initiative contributed to the magnitude of this reduction. All of this ultimately results in a safer experience for the dining public. The Florida Division of Hotels and Restaurants has long been recognized by the Food and Drug Administration as a national leader in food safety. These leadership roles are of critical importance to the division s success in providing quality control and public safeguards for the state s at-risk populations and over 100 million annual visitors who eat in restaurants and stay in lodgings. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 6

Risk-Based Inspection Frequency Specifics You may have heard the term risk-based inspection but what exactly does that mean? A risk-based inspection is an inspection with a focus based on a priority system. Because not all violations are of equal importance, a risk-based approach allows an inspector to spend more time on the most important items that, if not controlled, can very quickly result in foodborne illness or injury to customers. In order to accommodate the different risks posed by the different processes that occur within a food service establishment, the division has enacted a risk-based inspection frequency program that bases the frequency of inspections for each establishment on the risk the establishment poses. The Food Code clearly identifies the major risk factors food from unsafe sources, inadequate cooking (includes cooling), improper hot and cold holding, poor personal hygiene (includes handwashing) and contaminated equipment (includes cross contamination, soiled food-contact surfaces and inadequate sanitization). Retail food safety managers must implement control measures in their establishments to prevent the occurrence of these risk factors. In other words, they must exert active managerial control in order to monitor those practices and procedures that are likely to lead to out-of-control risk factors. Beginning July 1, 2014, all public food service establishments regulated by the division are required to have between 1-4 unannounced inspections each year. The number of inspections is based on risk factors and includes the type of food utilized, food preparation methods, and inspection and compliance history. Each of these items have proven to have a direct connection to the occurrence of foodborne illnesses. The following table shows the risk-based categorization of food service establishments utilized by the division. Keep in mind that additional inspections may be conducted in response to a complaint and/or to ensure compliance. In addition, the division will re-evaluate the risk-based category annually. Risk-Based Category Level 1 (Simple Processes) Level 2 (Complex Process) Level 3 (History of Noncompliance or Serves HSP) Level 4 (Confirmed Foodborne Illness) Description Temporary public food service establishments, Vending machines, Public food service establishments that: Do not cook raw animal food; or Cook raw animal food, but do not cool any cooked/heated foods Public food service establishments that: Cook raw animal food and cool any cooked/heated food; or Conduct a special process as defined in 3 502.11 or 3 502.12, 2009 FDA Food Code; or Serve a raw or undercooked animal food that requires a consumer advisory Public food service establishments that: Have a history of non compliance (the division has taken three or more disciplinary actions over a two year period) or Serve a highly susceptible population (HSP) Public food service establishments that have been identified by the Florida Department of Health in a confirmed foodborne illness Minimum Number of Inspections Per Year 1 2 3 4 A major benefit to this risk-based frequency inspection program is to reduce the regulatory burden for establishments that have a positive compliance history. It also allows sanitation inspectors to focus on compliance of high priority violations by implementing a corrective action plan (where noted violations are corrected onsite) and by issuing a warning with re-inspection scheduled for compliance verification. Utilizing this inspection model also permits inspection staff to spend more time in the food service establishment addressing active managerial control and educating operators on food safety issues. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 7

Regardless of the risk-based category assigned to a food service establishment, the day-to-day monitoring and verification procedures or actions taken to control foodborne illness risk factors are of highest importance. To help managers address the major risk factors, the Food Code also identifies five interventions that can be used to help control the risk factors. The Food Code Interventions include demonstration of knowledge, hands as a vehicle of contamination, employee health, time/temperature control and the consumer advisory. In the harsh light of reality, managers and inspectors alike have only so much time in a day to conduct the many tasks demanded of their jobs. This limitation makes it absolutely imperative that inspectors focus on the most important health and safety-related items first in order to accomplish the best public health outcome possible. So how is this done? Managers lay the ground work by maintaining up-to-date Certified Food Manager credentials and, in turn, ensuring that all food employees are properly trained not only in their job specifics, but also in food safety which is mandatory in the State of Florida. These credentials utilize the demonstration of knowledge intervention. This training and certification gives everyone a common starting point of knowledge upon which to build a sound food safety program. We have stated that a risk-based inspection is based on a priority system so we must identify the top priorities. Time/temperature control of foods is a major component for food safety so it should be no surprise that a riskbased inspection will focus on the many ways that food must meet certain minimum time/temperature requirements. The best approach is to first check for foods that are cooling as leftovers or make-ahead foods. It is critical to document both time and temperature and recheck the foods prior to the conclusion of the inspection in order to see how quickly the food is cooling and make an educated determination whether the food will be able to make the cool down within the time required. If the food is not cooling quickly enough, the operator will need to intervene in order to assist the cooling process rather than wait for it to be out of compliance and become a violation as well as a health hazard. The next most important temperature standards include food being cooked to the proper minimum cooking temperature, held hot or cold, and being reheated for hot holding. All food in these processes must be evaluated early in an inspection - before any good retail practices are checked. Additionally, if a delivery occurs during an inspection, the incoming time/temperature controlled for safety foods must be checked prior to storage. Proper cooking eliminates disease-causing germs from the food. Holding foods at proper hot or cold temperatures helps keep germs from multiplying while the food is stored. Each of these processes have time and/or temperature requirements based upon the type of germ commonly found on the foods. As improved scientific information becomes available, temperature requirements are updated in the Food Code. As the inspector evaluates temperatures, they also view ongoing food handling and employee hygiene/handwashing practices. Generally, foods should be touched by the hands as little as possible; however barehand contact is not absolutely prohibited. It is imperative that managers monitor employees so that barehand contact with ready-to-eat foods is controlled and that handwashing occurs as often as necessary. Active managerial control of these issues - and being aware of the health of employees - goes a long way in minimizing cross contamination. Glancing back, you can see that we have now addressed two more of the interventions provided in the Food Code. Finally, after all the temperature categories are evaluated, the good retail practices (GRPs) are reviewed including vermin control, proper labeling, building components, etc.. The maintenance of the GRPs forms the basis on which to build a good sanitation program. While GRPs are not the top priority, they certainly cannot be overlooked. As you can see, a risk-based approach allows both operators and inspectors to maintain clear focus on the top priorities in a public food service establishment. Ensuring safe food is an important public health task. Both operators and inspectors must spend their limited time wisely. A risk-based food safety program allows everyone to address the items that impact food safety in order to prevent, eliminate, or reduce the occurrence of foodborne illness a goal important to us all. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 8

Division of Hotels and Restaurants Regulatory Districts and Offices Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 9

Public Food Service Establishment Plan Reviews and Variances Table 1: Number of Plan Reviews by Type and Fees Processed FY 2013-2014 District New/ Conversion Closed Remodel Total Fees 1 698 44 88 830 $124,500.00 2 651 94 144 889 $133,350.00 3 744 94 163 1,001 $150,150.00 4 829 86 211 1,126 $168,900.00 5 473 34 107 614 $ 92,100.00 6 362 47 82 491 $ 73,650.00 7 477 70 98 645 $ 96,750.00 Total 4234 469 893 5,596 $839,400.00 Table 2: Number of Variances Processed FY 2013-2014 No. of Variances DISTRICT Routine Emergency Total 1 0 14 14 2 0 7 7 3 27 9 36 4 1 18 19 5 1 5 6 6 0 8 8 7 0 4 4 Total 29 65 94 Figure 1: Average Time to Process a Plan Review Before and After Centralization Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 10

Public Lodging and Food Service Establishment Licensing Table 3: Public Lodging and Food Service Establishment License Accounts End of FY 2013-2014 Establishment DISTRICT Type 1 2 3 4 5 6 7 TOTAL PUBLIC LODGING ESTABLISHMENTS Hotels 370 243 243 364 199 141 160 1720 Motels 267 355 497 555 350 330 337 2,691 Nontransient Apartments 5,398 3,802 2,712 2,210 1,461 1,064 854 17,501 Transient Apartments 219 254 183 97 42 19 146 960 Bed and Breakfasts 58 20 34 42 66 27 13 260 Vacation Rentals - Condos Single 340 26 207 1,267 142 255 71 2,308 Group 66 72 85 269 44 165 196 897 Collective 67 14 85 102 43 253 135 699 Vacation Rentals - Dwellings Single 506 145 3,282 5,656 114 417 249 10,369 Group 19 9 17 26 6 17 14 108 Collective 90 42 159 228 52 198 190 959 SUBTOTAL 7,400 4,982 7,504 10,816 2,519 2,886 2,365 38,472 PUBLIC FOOD SERVICE ESTABLISHMENTS Seating 5,422 6,562 6,489 7,748 4,420 3,142 4,498 38,281 Permanent Nonseating 904 947 910 1,127 556 296 505 5,245 Theme Park Food Carts 0 1 6 17 7 0 0 31 Catering 136 170 120 196 84 46 78 830 Hot Dog Carts 172 78 106 139 83 37 41 656 Mobile Food Dispensing Vehicles 421 262 541 585 280 239 241 2,569 Vending Machines 6 44 282 419 169 4 75 999 SUBTOTAL 7,061 8,064 8,454 10,231 5,599 3,764 5,438 48,611 GRAND TOTAL 14,461 13,046 15,958 21,047 8,118 6,650 7,803 87,083 SOURCE: DBPR Single Licensing System 07.01.2014 Table 4: Temporary Food Service Event Licenses Issued FY 2013-2014 DISTRICT License Type 1 2 3 4 5 6 7 TOTAL 1-3 day license 732 360 233 637 230 250 68 2,510 4-30 day license 440 339 671 807 384 161 334 3,136 Annual license 22 50 22 27 4 12 14 151 Already Licensed Annual 32 138 10 38 50 35 10 313 Already Licensed Permanent 272 316 42 67 220 269 65 1,251 Already Licensed - DACS 64 146 10 1 61 57 18 357 Total 1,562 1,349 988 1,577 949 784 509 7,718 SOURCE: DBPR Single Licensing System 07.04.2014 NOTE: Vendors with a DBPR or Department of Agriculture and Consumer Services (DACS) food service license may operate under their existing license when they have a satisfactory on-site inspection. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 11

Public Lodging and Food Service Establishment Licensing Figure 2: Historical Comparison of Total Number of Public Lodging and Food Service Accounts LODGING Beginning in 2008, the division started annually administratively closing vacation rental accounts that were expired over one year. FOOD SERVICE TOTAL ACCOUNTS Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 12

Public Lodging and Food Service Establishment Licensing Table 5: Public Lodging Units by Type of Establishment and by District End of FY 2013-2014 DISTRICT ESTABLISHMENT TYPE 1 2 3 4 5 6 7 Total Hotels 44,417 36,375 30,318 93,157 22,370 13,804 18,493 258,934 Motels 12,111 12,055 23,676 53,317 17,170 18,296 12,753 149,378 Nontransient Apartments 149,823 169,226 209,779 229,040 134,940 68,901 63,763 1,025,472 Transient Apartments 3,299 3,817 2,800 2,115 482 758 1,494 14,765 Bed and Breakfasts 512 137 168 236 500 163 82 1,798 Vacation Rental-Condos 6,329 5,776 6,375 40,520 3,309 18,710 12,394 93,413 Vacation Rental-Dwellings 2,361 489 6,546 9,473 1,287 4,760 3,762 28,678 TOTAL 218,852 227,875 279,662 427,858 180,058 125,392 112,741 1,572,438 SOURCE: DBPR Single Licensing System 07.01.2014 Figure 3: Average Number of Public Lodging Units per Account End of FY 2013-2014 Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 13

Public Lodging and Food Service Establishment Inspections Table 6: Public Lodging and Food Service Establishment Initial Inspections Performed FY 2013-2014 DISTRICT LICENSING ROUTINE PUBLIC FOOD SERVICE INSPECTIONS TYPE OF INSPECTION COMPLAINT - FULL COMPLAINT - PARTIAL OTHER * TOTAL 1 1,069 12,940 445 0 0 14,454 2 1,093 15,321 967 0 1 17,382 3 1,358 16,174 796 3 2 18,333 4 1,433 22,263 983 36 3 24,718 5 802 10,888 663 54 1 12,408 6 531 8,235 494 2 4 9,266 7 793 10,310 584 0 0 11,687 TOTAL 7,079 96,131 4,932 95 11 108,248 DISTRICT LICENSING ROUTINE PUBLIC LODGING INSPECTIONS TYPE OF INSPECTION COMPLAINT - FULL COMPLAINT - PARTIAL OTHER * TOTAL 1 406 6,719 155 1 0 7,281 2 357 4,874 165 0 0 5,396 3 267 4,155 283 1 0 4,706 4 255 4,590 377 12 0 5,234 5 166 2,656 194 14 0 3,030 6 117 2,088 242 1 0 2,448 7 99 2,154 97 1 0 2,351 TOTAL 1,667 27,236 1,513 30 0 30,446 DISTRICT LICENSING ROUTINE TOTAL INSPECTIONS TYPE OF INSPECTION COMPLAINT - FULL COMPLAINT - PARTIAL OTHER * TOTAL 1 1,475 19,659 600 1 0 21,735 2 1,450 20,195 1,132 0 1 22,778 3 1,625 20,329 1,079 4 2 23,039 4 1,688 26,853 1,360 48 3 29,952 5 968 13,544 857 68 1 15,438 6 648 10,323 736 3 4 11,714 7 892 12,464 681 1 0 14,038 TOTAL 8,746 123,367 6,445 125 11 138,694 SOURCE: DBPR Single Licensing System 07.04.2014 NOTE: Licensing, routine and complaint-full inspections are counted toward statutory requirement. Epidemiological inspections are usually recorded as routine inspections. "Other" inspections include discontinued categories, information calls, training and quality assurance inspections. The DBPR Bureau of Central Intake and Licensure assumed recording of temporary events in November 2004. For a complete accounting of temporary events, see Table 4. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 14

Public Lodging and Food Service Establishment Inspections Table 7: Public Lodging and Food Service Establishment Callback Inspections Performed FY 2013-2014 DISTRICT LICENSING ROUTINE PUBLIC FOOD SERVICE INSPECTIONS TYPE OF INSPECTION COMPLAINT - FULL COMPLAINT - PARTIAL OTHER* 1 29 2,380 156 0 0 2,565 2 46 3,070 282 0 1 3,399 3 91 2,773 255 3 0 3,122 4 23 3,736 350 10 0 4,119 5 54 1,905 270 28 0 2,257 6 7 1,584 212 1 0 1,804 7 17 1,950 232 0 0 2,199 TOTAL 267 17,398 1,757 42 1 19,465 DISTRICT LICENSING ROUTINE PUBLIC LODGING INSPECTIONS TYPE OF INSPECTION COMPLAINT - FULL COMPLAINT - PARTIAL* OTHER* TOTAL 1 2 328 44 0 0 374 2 9 295 36 0 0 340 3 24 285 100 0 0 409 4 10 357 139 9 0 515 5 4 236 78 9 0 327 6 3 210 147 0 0 360 7 4 201 30 1 0 236 TOTAL 56 1,912 574 19 0 2,561 DISTRICT LICENSING ROUTINE TOTAL INSPECTIONS TYPE OF INSPECTION COMPLAINT - FULL COMPLAINT - PARTIAL* OTHER* TOTAL 1 31 2,708 200 0 0 2,939 2 55 3,365 318 0 1 3,739 3 115 3,058 355 3 0 3,531 4 33 4,093 489 19 0 4,634 5 58 2,141 348 37 0 2,584 6 10 1,794 359 1 0 2,164 7 21 2,151 262 1 0 2,435 TOTAL 323 19,310 2,331 61 1 22,026 SOURCE: DBPR Single Licensing System 07.04.2014 NOTE: Licensing, routine and complaint-full inspections are counted toward statutory requirement. Epidemiological inspections are usually recorded as routine inspections. "Other" inspections include discontinued categories, information calls, training and quality assurance inspections. The DBPR Bureau of Central Intake and Licensure assumed recording of temporary events in November 2004. For a complete accounting of temporary events, see Table 4. TOTAL Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 15

Public Lodging and Food Service Establishment Inspections Table 8: Public Lodging and Food Service Establishment Inspection Frequency and Performance FY 2013-2014 Apartments 98.58% met inspection requirement (target 100%) Lodging (non apartments) 99.59% met inspection requirement (target 100%) Food Establishments 98.46% met inspection requirement (target 100%) Measure Food Service Lodging* Apartments Total Active Licenses Requiring Inspection 48,609 4,673 18,458 71,740 Percent Change Since Last Fiscal Year 1.72% -0.23% -0.19% 1.10% Annual Inspections Required per License 2 2 1 Estimated Number of Annual Inspections Required 97,218 9,346 18,458 125,022 Number Active Licenses Inspected Once 2,827 66 17,288 20,181 Number Active Licenses Inspected Twice 34,900 3,314 838 39,052 Number Active Licenses Inspected 3 Times 10,124 1,088 65 11,277 Number Active Licenses Inspected 4 or More Times 611 202 6 819 Number Active Licenses Not Inspected This Period 170 5 268 443 Percent Active Licenses Inspected Once 5.82% 1.41% 93.66% 28.13% Percent Active Licenses Inspected Twice 71.80% 70.92% 4.54% 54.44% Percent Active Licenses Inspected 3 Times 20.83% 23.28% 0.35% 15.72% Percent Active Licenses Inspected 4 or More Times 1.26% 4.32% 0.03% 1.14% Percent Active Licenses Not Inspected This Period 0.35% 0.11% 1.45% 0.62% Number Active Licenses that Met or Exceeded Annual Requirement Percent Active Licenses that Met or Exceeded Annual Requirement SOURCE: DBPR Single Licensing System reports run on 07.04.2014 47,860 4,655 18,197 70,712 98.46% 99.61% 98.59% 98.57% *Other than apartments and vacation rentals. For purpose of this table, the term lodging includes hotels, motels and bed & breakfast inns. Vacation rentals are inspected in response to complaints and are not included above. All data for this table was collected on 7/04/2014. The number of active licenses is slightly different from Table 3 because of license processing accomplished since compiling the data for that table. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 16

Public Lodging and Food Service Establishment Violations Table 9: Number and Type of Violations Found in Public Food Service Establishments FY 2013-2014 Continued on next page Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 17

Public Lodging and Food Service Establishment Violations Table 9: Number and Type of Violations Found in Public Food Service Establishments FY 2013-2014 (continued) Continued on next page Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 18

Public Lodging and Food Service Establishment Violations Table 9: Number and Type of Violations Found in Public Food Service Establishments FY 2013-2014 (continued) Continued on next page Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 19

Public Lodging and Food Service Establishment Violations Table 9: Number and Type of Violations Found in Public Food Service Establishments FY 2013-2014 (continued) Top 10 Food Violations 22 *Food Contact Surfaces Clean and Sanitized 14 Food Contact Surfaces Designed 36 Floors, Walls, Ceilings, Attached equipment clean 23 Non-food Contact Surfaces Clean 08B *Food Protection 31B *Handwashing Supplies and Signs 21 Wiping Cloths 03A *Cold food at proper temperature 31A *Handwashing sink(s) installed, accessible, properly used 10 In use food dispensing utensils properly stored Violations with a * are high priority Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 20

Public Lodging and Food Service Establishment Violations Table 10: Number and Type of Violations Found in Public Lodging Establishments FY 2013-2014 Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 21

Public Lodging and Food Service Establishment Violations Table 10: Number and Type of Violations Found in Public Lodging Establishments FY 2013-2014 Top 10 Lodging Violations 26 Garbage and Refuse Disposal 13 Building Repair 25 Premises Maintained 19 Plumbing 12 *Balcony, Railing Safety 38 *Current License Displayed 2 *Fire Hazards 1 *Smoke Detectors 24 *Vermin Control 39 Housekeeping Violations with a * are high priority Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 22

Public Lodging and Food Service Establishment Violations Figure 4: Historical Comparison of Average Number of Violations per Inspection Lodging Food Service Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 23

Public Lodging and Food Service Establishment Consumer Complaints Table 11: Foodborne Illness Complaint Activity FY 2013-2014 DISTRICT DISPOSITION 1 2 3 4 5 6 7 TOTAL Confirmed 20 18 22 20 4 12 4 100 Handled by Phone 0 0 0 0 3 3 0 0 Not Observed 86 234 123 210 220 78 157 1,108 Other 49 180 92 92 38 77 67 595 Total 155 432 237 325 265 167 228 1,809 SOURCE: Single Licensing System 9.06.2014 Table 12: Consumer Complaint Activity FY 2013-2014 DISTRICT DISPOSITION 1 2 3 4 5 6 7 TOTAL Food Service Confirmed 72 105 140 96 143 155 69 780 Handled by Phone 2 0 8 0 21 30 5 0 Not Observed 160 303 340 449 421 228 217 2,118 Other 109 294 246 346 99 67 89 1,250 Subtotal 341 710 726 912 693 455 375 4,212 Lodging-Apartments Confirmed 26 9 29 11 10 23 5 113 Handled by Phone 1 0 1 0 2 0 2 0 Not Observed 22 25 26 16 23 18 2 132 Other 38 17 37 20 5 5 4 126 Subtotal 86 52 92 49 38 48 11 376 Lodging-Hotels, Motels, Rooming Houses and Bed & Breakfasts Confirmed 18 18 49 41 57 81 15 279 Handled by Phone 0 1 0 0 3 2 1 0 Not Observed 52 74 105 190 131 94 52 698 Other 21 32 60 115 18 24 16 286 Subtotal 92 124 214 349 208 200 83 1,270 Lodging-Vacation Rentals Confirmed 1 1 0 0 0 3 2 7 Handled by Phone 0 0 0 0 0 0 0 0 Not Observed 3 0 1 23 1 7 1 36 Other 3 1 0 8 5 4 1 22 Subtotal 7 2 1 31 6 14 4 65 Grand Total 526 888 1,033 1,341 945 717 473 5,923 SOURCE: Single Licensing System 09.06.2014 NOTE: Confirmed and Not Observed denotes that the division followed up with an inspection. Disposition Other includes all other follow-ups other than phone calls, including letters, e-mails, referrals to other agencies, and most commonly not recorded, possibly due to an open investigation. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 24

Compliance Table 13: Public Food and Lodging Compliance Activity FY 2013-2014 Food Service Lodging Elevators Total Cases issued 3,032 417 133 3,582 1st offender 2,382 353 120 2,857 2nd offender 496 41 12 549 3rd offender 125 15 1 141 4th or higher offender 27 8 0 35 Settlement Officers Settled 2,044 176 85 2,305 Dismissed/Closed 293 118 29 440 Final Orders on Waiver 430 80 11 521 Sent to OGC 217 32 8 257 Total processed by division 2,984 406 133 3,523 Office of General Counsel Informal Hearings 149 18 3 170 Formal Hearings 11 2 1 14 Dismissed/Closed 25 9 0 34 Stipulation & Consent Orders 28 8 5 41 Agency Clerk Orders Clerked 2,688 301 97 3,086 Actions Suspensions 44 1 0 45 Revocations 1 0 0 1 Fines assessed $1,335,060 $106,235 $158,800 $1,600,095 Average fine assessed $508 $369 $250 $705 Median fine assessed $400 $200 $500 $400 Lowest fine assessed $150 $100 $200 $100 Highest fine assessed $6,900 $3,200 $1,000 $8,800 Most frequent fine assessed $400 $200 $200 $400 Fines collected $1,235,241 $84,815 $27,450 $1,347,506 SOURCE: Compliance Office statistical report dated 07.01.2014 Figure 5: Historical Comparison of Compliance Activity Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 25

Bureau of Elevator Safety Table 14: Elevator Accounts as of August 1, 2014 Expiration % Special ELEVATOR TYPE Current % Current Delinquent Delinquent Total Permits Sealed Sealed Total Traction Passenger 10,591 99.14% 92 0.86% 10,683 280 128 76 11,167 Hydraulic Passenger 33,362 98.89% 376 1.11% 33,738 464 324 235 34,761 Traction Freight 349 96.94% 11 3.06% 360 4 42 49 455 Hydraulic Freight 605 98.69% 8 1.31% 613 6 29 29 677 Hand Power Passenger 2 100.00% 0 0.00% 2 1 0 1 4 Hand Power Freight 4 100.00% 0 0.00% 4 0 10 4 18 Moving Walk 48 100.00% 0 0.00% 48 0 0 0 48 Inclined Lift 21 100.00% 0 0.00% 21 1 0 0 22 Limited Use Limited Application 321 97.27% 9 2.73% 330 12 18 7 367 Dumbwaiter 395 98.50% 6 1.50% 401 6 243 49 699 Escalator 1,105 97.61% 27 2.39% 1,132 78 44 8 1,262 Sidewalk Elevator 2 100.00% 0 0.00% 2 0 4 0 6 Material Lift, Dumbwaiter, ATD 6 100.00% 0 0.00% 6 2 1 0 9 Special Purpose Personnel Elevator 76 89.41% 9 10.59% 85 0 9 1 95 Inclined Stairway Chair Lift 47 97.92% 1 2.08% 48 5 13 1 67 Inclined & Vertical Wheelchair Lift 2,720 97.74% 63 2.26% 2,783 116 174 55 3,128 Total 49,654 98.80% 602 1.20% 50,256 975 1,039 515 52,785 SOURCE: Single Licensing System Report 7.27.2014 Figure 6: Historical Comparison of Total Active Elevator Accounts and Licensing Compliance Elevator Accounts 60,000 55,000 50,000 45,000 40,000 35,000 30,000 98.80% 94.25% 94.59% 94.91%97.16% 98.74% 97.22% 94.08% 89.13% 89.37% 38,999 2004-05 40,956 2005-06 43,597 2006-07 45,662 2007-08 47,271 2008-09 48,173 2009-10 48,713 2010-11 49,262 2011-12 49,532 2012-13 50,256 2013-14 100.00% 98.00% 96.00% 94.00% 92.00% 90.00% 88.00% 86.00% 84.00% 82.00% Percentage Compliant Table 15: Elevator Professional Credential Accounts LICENSE TYPE 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Registered Elevator Companies 274 215 216 252 286 268 300 288 286 Certified Elevator Inspectors 333 305 286 295 354 355 364 360 351 Certified Elevator Technicians* - 910 797 784 1,130 1,337 1,589 1,562 1,525 Certificates of Competency 1,900 1,583 1,548 1,637 1,871 1,956 1,916 1,734 1,763 SOURCE: Extracts and reports 7/3/2006, 7/2/2007, 7/7/2008, 7/6/2009, 7/1/2010, 7/30/2011, 8/1/2012, 7/27/13,7/26/14 * NOTE: The division began reporting certified elevator technicians in 2006. Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 26

Bureau of Elevator Safety Table 16: Elevator Inspections Performed by Inspection Type FY 2013-2014 Inspection Type FAILED PASSED TOTAL Accident 4 2 6 Alteration/Acceptance 13 1,427 1,440 Complaint 116 81 197 Construction 453 185 638 Contract Monitoring 603 4,125 4,728 Industry Oversight/Audit 505 730 1,235 Initial Acceptance 12 801 813 Routine 13,664 34,801 48,465 Temporary Operation Inspection 15 292 307 Total 15,385 42,444 57,829 Figure 7: Historical Comparison of Elevator Inspections Table 17: Historical Comparison of Elevator Accidents 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 Total % Total Elevator Type Dumbwaiter 0 0 2 4 1 1 1 0 1 10 0.2% Escalator 348 433 413 301 218 236 224 267 183 2,623 65.6% Hydraulic Freight 17 7 10 3 3 5 0 2 3 50 1.2% Hydraulic Passenger 47 31 30 31 46 44 33 32 18 312 7.8% Inclined Lift 0 0 0 1 2 1 0 1 0 5 0.1% Limited Use Limited Application 0 0 0 0 0 0 1 1 1 3 0.1% Moving Walk 59 54 46 25 58 91 91 1 64 489 12.2% Special Purpose Personnel 0 0 1 0 0 0 0 116 0 117 2.9% Traction Freight 2 4 4 3 1 1 1 0 0 16 0.4% Traction Passenger 46 34 37 45 53 36 51 42 32 376 9.4% Total 519 563 543 413 382 415 402 462 302 4,001 100.0% Division of Hotels and Restaurants Annual Report: FY 2013-2014 Page 27